Fort Smith Board of Directors Regular Meeting – September 1, 2026

The Fort Smith Board of Directors met on September 1, 2026, at 6:00 p.m. at the Blue Lion, 101 North 2nd Street. The meeting included a public hearing, several rezoning and land use ordinances, consent decree infrastructure contracts, and a consent agenda with honorary street designations, construction contracts, and operational agreements. The board approved most items, but tabled two contracts (lagoon cleaning and grit conveyors) for further review. Public comments addressed concerns about project costs, vendor history, and neighborhood compatibility.

Consent Calendar

• 7A – Honorary Street Name: Madison Marsh Avenue – Resolution designating a portion of Gary Street as “Madison Marsh Avenue” in honor of Miss America 2024, Madison Marsh, a Fort Smith native and USAF Academy graduate. Approved unanimously.
• 7B – Honorary Street Name: Judge Jim Spears Court – Resolution designating a portion of Riverfront Drive as “Judge Jim Spears Court” in honor of the late Judge Jim Spears, who helped secure the U.S. Marshals Museum and other monuments. Approved unanimously.
• 7C – Street Overlays Contract: Steep Creek, LLC – Resolution accepting a bid of $1,530,825.65 for 2024 Street Overlays/Reconstruction Phase F (1.4 miles of roadway on Rannoch Circle, Fianna Circle, and Jenny Lind Road). Approved unanimously.
• 7F – Construction Manager: Creekmore Park Pool Pump House Renovation – Resolution approving a $3,750 agreement with Beshears Construction, Inc. for pre-construction phase services. Full construction GMP will come later. Approved unanimously.
• 7G – Tennis Center Operations: Western Arkansas Tennis Association – Resolution approving a 5-year lease agreement with WATA to operate the Tennis Center at Creekmore Park, with up to five additional two-year renewal options. Approved unanimously.
• Note: Items 7D (Denali Water Solutions lagoon cleaning) and 7E (Midwest Automation grit conveyors) were tabled to the September 15, 2026 meeting (see Discussion Items).

Public Comments & Testimony

• Item 1 (Street Vacation): Ken McClernon, property owner, was available for questions. No public opposition expressed.
• Item 3 (Vicksburg St Rezoning): Andy Postrick expressed support, stating “Fort Smith is open for business.”
• Item 4 (Kelley Highway Rezoning): Jason Skirbitz supported the proposal, noting a bakery/confectionery shop would be a good addition near a school. Also spoke on 7A and 7B, questioning the value of honorary street renaming.
• Item 5 (Massard Road Rezoning): Terry Bailey (8200 Williamsburg Road) spoke in opposition, citing traffic congestion, proximity to schools, and that the commercial use does not fit the residential neighborhood. Bear Davidson (applicant) answered questions about buffers, traffic, and hours.
• Item 6A/6B (Consent Decree Contracts): Joey McCutcheon questioned why a $9.47 million bid was originally submitted against a $5.19 million estimate, and urged the board to hire a program manager. He also noted Denali Water Solutions’ history with the city. Crystal Cadelli echoed concerns about cost overruns and the need for careful spending. Levon Morton asked why capacity improvements (Phase II) were separated from the original project.
• Item 7D (Lagoon Cleaning): Joey McCutcheon and Eric Wideman urged caution, citing Denali’s past failure to address odor issues at a local lagoon until a lawsuit was filed. Joey McCutcheon asked if the closure plan had been filed.
• Item 7E (Grit Conveyors): Kristen Kitchens raised concerns about the low bidder’s environmental permits (stormwater, hazardous waste). Dan Williams noted the bid was significantly lower than others and questioned whether the scope included all necessary items.
• Item 7C (Street Overlays): Jason Skirbitz suggested the project should be reconsidered due to planned extension of Jenny Lind Road to Highway 45.

Discussion Items

• Item 1 – Ordinance to Vacate Portions of North N Street and Alley: Deputy City Administrator Maggie Rice presented the request. Utilities requested easements. No objections from nearby property owners. The board approved the ordinance 6-0 with suspension of rules.
• Item 2 – Rezoning 1517 & 1527 N 32nd St (I-1 to RM-3): Staff reported Planning Commission voted 8-0 to recommend approval. The rezoning brings existing single-family homes into compliance. No public opposition. Board approved 6-0 with emergency clause.
• Item 3 – Rezoning 3515 Vicksburg St (I-1 to RM-4): Staff reported Planning Commission vote 7-1 (one opposed wanted to keep industrial land). The property is within an 80-85 dB DNL noise contour, so new residential construction must meet sound transmission standards. Board approved 6-0 with emergency clause. (Note: Staff memo states neighborhood meeting on July 27, but in the transcript Ms. Rice said June 27; this discrepancy was not addressed.)
• Item 4 – Rezoning 5215 Kelley Hwy (PZD #57-23 to PZD): Allows bakery, florist, bookstore, salon, etc. Planning Commission voted 8-0. No opposition. Board approved 6-0 with emergency clause.
• Item 5 – Rezoning 2709 Massard Rd (RM-2 to C-2): Staff noted the proposal could be considered spot zoning but recommended approval with conditions (privacy fence, limited to submitted development plan). Planning Commission voted 7-1 (Rod Coleman opposed). Neighbors raised concerns about traffic, drainage, and proximity to schools. Applicant stated clinic would have about 80 patients/day, hours 8-5 M-F. Board approved 5-1 (Christina Catsavis opposed) with emergency clause (same vote).
• Item 6A/6B – Consent Decree Contracts:
  • 6A: Resolution accepting Forsgren, Inc. bid of $3,047,654.50 for sewer line rehabilitation (Phase II of three phases). Original project was split after the board rejected a $9.47M bid. Staff confirmed Phase I approved at $2.98M, and Phase II is a capacity improvement. Total for original project (Phases I & III) estimated at $6M, below the original $5.19M estimate. Board approved 6-0.
  • 6B: Resolution approving $272,900 engineering services agreement with Hawkins-Weir Engineers, Inc. for construction observation of Phase II. Approved 6-0.
• Item 7D – Lagoon Cleaning Contract (Tabled): Resolution to accept Denali Water Solutions’ bid of $919,000 for cleaning lagoons at Lake Fort Smith and Lee Creek Water Treatment Plants. Director Martin noted Denali has been the sole bidder historically and expressed desire for competition. Public comments criticized Denali’s past performance. The board voted 5-0 to table to September 15, 2026, to seek additional options.
• Item 7E – Grit Conveyor Purchase (Tabled): Resolution to purchase two grit conveyors from Midwest Automation & Custom Fabrication for $78,822. The low bid raised concerns about scope (trough size differences, potential installation costs) and vendor’s environmental permits. Director Christina Catsavis moved to table to the next regular meeting; seconded and approved 5-0.

Key Outcomes

• Ordinance passed (6-0): Street vacation of North N Street and alley.
• Ordinance passed (6-0): Rezoning 1517/1527 N 32nd St to RM-3, with emergency clause.
• Ordinance passed (6-0): Rezoning 3515 Vicksburg St to RM-4, with emergency clause.
• Ordinance passed (6-0): Rezoning 5215 Kelley Hwy to PZD, with emergency clause.
• Ordinance passed (5-1): Rezoning 2709 Massard Rd to C-2, with emergency clause. Director Christina Catsavis voted no.
• Resolution passed (6-0): Forsgren, Inc. construction contract for sewer rehabilitation (Phase II).
• Resolution passed (6-0): Hawkins-Weir Engineers, Inc. engineering services agreement.
• Consent Agenda (items 7A, 7B, 7C, 7F, 7G) approved (5-0): Honorary street names, street overlays, pool pump house CM, and tennis center lease.
• Item 7D tabled to September 15, 2026: Lagoon cleaning contract with Denali Water Solutions.
• Item 7E tabled to next regular meeting: Grit conveyor purchase from Midwest Automation.
• Other: Director Rego proposed a homelessness task force to be co-chaired with Director Martin, with meetings in October and November and legislation in December. Director Christina Catsavis requested a study session on Chaffee Golf Course options and noted FCRA has not paid its share of the Highway 255 widening project. The board entered executive session to discuss a cybersecurity event, with no action taken.